Appellate Division: Second Judicial Department

M36198

Y/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-11917, 2006-01295 Steven J. Mandel, et al., respondents, v Jeffrey Rosenberg, defendant, Patti Rosenberg, appellant. (Index No. 7745/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the inquest on the issue of damages in the above- entitled action and any judgments entered thereon pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, entered November 18, 2005, and January 19, 2006, respectively.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay the inquest on the issue of damages is granted and the inquest on the issue of damages in the above entitled-action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 24, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 24, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied as academic.

CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court